- 1 - NC: 2025:KHC:17733 WP No. 11741 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11741 OF 2025 (GM-CPC) BETWEEN: SRI MANOHAR NAYAK S/O BAMDEV NAYAK AGED ABOUT 38 YEARS R/AT FLAT NO. E403 NELADRI MAHAL APARTMENTS II BLOCK E, NO. 45/5, NANDIURGA ROAD JAYAMAHAL EXTENSION, BENGALURU 560 046 REPRESENTED BY HIS GPA HOLDER SRI. MANOJH KOOMAR NAYAK AGED ABOUT 38 YEARS. …PETITIONER (BY SRI. K R KRISHNAMURTHY., ADVOCATE) AND: 1. SRI RIYAZ PASHA S/O ANSAR PASHA AGED ABOUT 45 YEARS R/AT NO. 7/2-1, SOUTH CROSS STREET NEELASANDRA, BENGALURU - 560 047. 2. SRI. MOHAMMED ZABIULLAH S/O MOHAMMED SHAFIQULLAH AGED ABOUT 42 YEARS R/AT 4TH CROSS, BHIMANNA LAYOUT R.T.NAGAR POST, KAVALBYRASANDRA BENGALURU 560 032. 3. SRI. MAHABOOB PASHA S/O SRI. ABDUL AZEEZ AGED ABOUT 50 YEARS R/AT NO. 14/1, 5TH MAIN 2ND CROSS, VASANTHAPPA BLOCK Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17733 WP No. 11741 of 2025 GANGANAGAR, R.T.NAGAR POST BENGALURU 560 032. 4. SRI. BAMDEV NAYAK S/O LATE BAHADUR NAYAK AGED ABOUT 70 YEARS R/AT FLAT NO. E403 NELADRI MAHAL APARTMENTS II BLOCK E, NO. 45/5, NANDIURGA ROAD JAYAMAHAL EXTENSION, BENGALURU - 560 046. …RESPONDENTS (BY SRI.G.S. VENKATA SUBBARAO., ADVOCATE FOR C/R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.1237/2025 PENDING ON THE FILE OF III ADDITIONAL CITY CIVIL AND SESSION JUDGE, BANGALORE CITY (CCH-25)SET ASIDE THE IMPUGNED ORDER DATED 7.4.2025 PASSED ON APPLICATION DATED 7.4.2025 FILED UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE IN O.S.NO. 1237/2025 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.2 challenging the order dated 07.04.2025 passed by the III Additional City Civil and Sessions Judge, Bengaluru, whereby Trial Court has allowed the application filed by the plaintiffs under Section 151 of CPC. - 3 - NC: 2025:KHC:17733 WP No. 11741 of 2025 2. Even though the petitioner seeks for setting aside the order dated 07.04.2025, learned counsel for the petitioner submits that he restricts his prayer only for a direction to dispose of the applications i.e. I.A.Nos.1 and 2. 3. In view of the prayer sought by the petitioners in this writ petition, service of notice to the respondents is not necessary and the same is dispensed with. 4. The plaintiffs filed the suit for specific performance of contract. Along with the plaint, the plaintiffs also filed I.A.Nos.1 and 2 under Order XXXIX Rules 1 and 2 of CPC seeking an ad-interim order of temporary injunction restraining the defendants, their agents or servants or any persons claiming through or under them from alienating the suit schedule property and putting up any further constructions on the suit schedule property, pending disposal of the suit, respectively. 5. The learned counsel for the petitioner submits that he has completed his arguments on the applications and - 4 - NC: 2025:KHC:17733 WP No. 11741 of 2025 the learned counsel for the respondents submits that he will address his arguments today. 6. In view of the above, the trial Court is directed to dispose of the applications filed by the plaintiffs under Order XXXIX Rules 1 and 2 of CPC, as expeditiously as possible, on or before 30.06.2025. 7. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of I.A.Nos.1 and 2 filed by the plaintiffs under Order XXXIX Rules 1 and 2 of CPC and pass appropriate orders, in accordance with law, on or before 30.06.2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 34